Restraining Orders in New Jersey
If you have been accused of an act of domestic violence and a temporary restraining order has been filed against you, then it is imperative that you hire an experienced trial-tested defense attorney who can help you through this process.
The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including the Defense of defendants in Final Restraining Order Hearings in New Jersey.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys.
The New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check and to pass a written examination. Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be a crucial factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.
Temporary Restraining Orders in New Jersey
At the time the victim reports the alleged domestic incident, the police may give them the option to file a Temporary Restraining Order against the defendant for immediate protection. Once a temporary restraining order has been issued by a Municipal Court Judge, a Final Restraining Order hearing will be set within 10 days of the date of the Temporary Restraining Order is entered.
Final Restraining Order Hearings in New Jersey
A Final Restraining Order Hearing is a civil proceeding that will be heard before a Superior Court Family Division Judge in the County Superior Courthouse in which the incident took place. This differs from the alleged predicate criminal act (ie. Simple Assault, Harassment, or Terroristic Threats) which will be heard before a Municipal Court Judge or Superior Court Criminal Judge depending on the degree of crime. The proceedings are entirely separate and isolated.
At the FRO Hearing, the parties present evidence both as to the allegations of domestic violence and as to the need for injunctive relief, such as spousal or child support, custody or visitation, and the need for substance testing or counseling. The judge may order a risk assessment as well at this time. In order for a Final Restraining Order to be entered, the judge must find there was a predicate act, a prior history of domestic violence, and that a reasonable person would be in fear for their safety based on the totality of the circumstances. If the defendant or “aggressor” is found to have committed an act of domestic violence, a Final Restraining Order is entered and the aggressor is fingerprinted, and the order is registered in the state and national domestic violence database.
These types of hearings are trials and it can be very overwhelming and complicated if you do not have an attorney. The parties will have to testify and the Rules of Evidence apply. This is why it so important for both parties to have knowledgeable lawyers. At the Bianchi Law Group, LLC, our team of veteran criminal lawyers and former prosecutors will represent either side during these proceedings.
Trial Ready New Jersey Criminal Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys… We are ready to represent you at your Final Restraining Order Hearing.
At The Bianchi Law Group, we will take care to provide you Serious Attorneys for Serious Cases.